Congressional Record: June 20, 2002 (Senate)
Page S5852-S5859
By Mr. DeWINE:
S. 2659. A bill to amend the Foreign Intelligence Surveillance Act of
1978 to modify the standard of proof for issuance of orders regarding
non-United States persons from probable cause to reasonable suspicion;
to the Select Committee on Intelligence.
Mr. DeWine. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2659
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF BURDEN OF PROOF FOR ISSUANCE OF
ORDERS ON NON-UNITED STATES PERSONS UNDER
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Orders of Electronic Surveillance.--Section 105 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805) is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph (3):
"(3) on the basis of facts submitted by the applicant--
"(A) in the case of a target of electronic surveillance
that is a United States person, there is probable cause to
believe that--
"(i) the target is a foreign power or an agent of a
foreign power, provided that no United States person may be
considered a foreign power or an agent of a foreign power
solely upon the basis of activities protected by the first
amendment to the Constitution of the United States; and
"(ii) each of the facilities or places at which the
electronic surveillance is directed is being used, or is
about to be used, by a foreign power or an agent of a foreign
power; or
"(B) in the case of a target of electronic surveillance
that is a non-United States person, there is reasonable
suspicion to believe that--
"(i) the target is a foreign power or an agent of a
foreign power; and
"(ii) each of the facilities or places at which the
electronic surveillance is directed is being used, or is
about to be used, by a foreign power or an agent of a foreign
power;";
(2) in subsection (b), by inserting "or reasonable
suspicion" after "probable cause"; and
(3) in subsection (e)(2), by inserting ", or reasonable
suspicion in the case of a non-United States person," after
"probable cause".
(b) Physical Searches.--Section 304 of that Act (50 U.S.C.
1824) is amended--
(1) by striking paragraph (3) and inserting the following
new paragraph (3):
"(3) on the basis of facts submitted by the applicant--
"(A) in the case of a target of a physical search that is
a United States person, there is probable cause to believe
that--
"(i) the target is a foreign power or an agent of a
foreign power, except that no United States person may be
considered a foreign power or an agent of a foreign power
solely upon the basis of activities protected by the first
amendment to the Constitution of the United States; and
"(ii) the premises or property to be searched is owned,
used, possessed by, or is
[[Page S5858]]
in transit to or from an agent of a foreign power or foreign
power; or
"(B) in the case of a target of a physical search that is
a non-United States person, there is reasonable suspicion to
believe that--
"(i) the target is a foreign power or an agent of a
foreign power; and
"(ii) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from an agent of a
foreign power or foreign power;";
(2) in subsection (b), by inserting "or reasonable
suspicion" after "probable cause"; and
(3) in subsection (d)(2), by inserting ", or reasonable
suspicion in the case of a non-United States person," after
"probable cause".
______